Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (2), the Court may make an order under section 166 - 5 if:
(a) the conduct of an Aboriginal and Torres Strait Islander corporation's affairs; or
(b) an actual or proposed act or omission by or on behalf of an Aboriginal and Torres Strait Islander corporation; or
(c) a resolution, or a proposed resolution, of members or a class of members of an Aboriginal and Torres Strait Islander corporation;
is either:
(d) contrary to the interests of the members as a whole; or
(e) oppressive to, unfairly prejudicial to or unfairly discriminatory against, a member or members whether in that capacity or in any other capacity.
(2) If the corporation is a registered native title body corporate, the Court must not make an order under subsection 166 - 5(1) on the basis of:
(a) an act (or omission from doing an act); or
(b) a proposed act (or omission from doing an act);
if an officer or employee of the corporation does (or refrains from doing), or proposes to do (or refrain from doing), the act:
(c) in good faith; and
(d) with the belief that doing (or refraining from doing) the act is necessary to ensure that the corporation complies with a Native Title legislation obligation.